Citation Nr: 0419331
Decision Date: 07/19/04 Archive Date: 07/27/04
DOCKET NO. 00-19 018 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Fort
Harrison, Montana
THE ISSUE
Entitlement to service connection for ulcerative colitis
(also claimed as Crohn's disease).
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Jason R. Davitian, Counsel
INTRODUCTION
The veteran served on active duty from March 1975 to May
1984.
This case is before the Board of Veterans' Appeals (BVA or
Board) on appeal from an April 1999 rating decision of the
Department of Veterans Affairs (VA) Regional Office in Fort
Harrison, Montana (RO), which found that new and material
evidence had been submitted to reopen a claim for service
connection for ulcerative colitis (also claimed as Crohn's
disease), and denied the claim on the merits after de novo
review.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
A preliminary review of the claims file indicates that the
veteran has never been provided adequate notice of the VCAA
and its effect on his claim for service connection for
ulcerative colitis.
In a November 2002 letter, the RO requested that the veteran
provide the name of the facility and dates of treatment to at
least the month and year of alleged in-service treatment of
ulcerative colitis. This letter did not inform the veteran
of the VCAA, or otherwise notify him of any information and
evidence needed to substantiate and complete his claim. 38
U.S.C.A. §§ 5102, 5103 (West 2002); 38 C.F.R. § 3.159(b)
(2003).
During the pendency of the appeal, the RO has sent the
veteran correspondence informing him of the application of
the VCAA to other claims not presently before the Board,
including notice of any information and evidence needed to
substantiate and complete those claims. The RO has not
provided the veteran correspondence specifically applying the
VCAA to the claim currently in appellate status, entitlement
to service connection for ulcerative colitis, to include
notifying him of any information and evidence needed to
substantiate and complete that specific claim. A December
2002 supplemental statement of the case (SSOC), addressing
the ulcerative colitis claim, set forth the revised version
of 38 C.F.R. § 3.159 regarding VA's duties under VCAA.
However, it did not notify him of any information and
evidence needed to substantiate and complete that claim.
In light of the foregoing, the Board finds that the VCAA
requires additional development and assistance. Accordingly,
this case is REMANDED for the following action:
1. The RO should ensure that all
notification and development actions
required by 38 U.S.C.A. §§ 5102, 5103,
and 5103A are fully satisfied. See also
38 C.F.R. § 3.159 (2003). The RO's
attention is directed to Quartuccio v.
Principi, 16 Vet. App. 183 (2002)
pertaining to the amended version of 38
U.S.C.A. § 5103(a), which requires that
the Secretary identify for the appellant
which evidence the VA will obtain and
which evidence the appellant is expected
to present. The RO should provide the
appellant written notification specific
to his claim for service connection for
ulcerative colitis (also claimed as
Crohn's disease) of the impact of the
notification requirements on the claim.
The appellant should further be requested
to submit all evidence in his possession
that pertains to his claim.
2. After conducting any additional
development deemed necessary, to include
obtaining any additional indicated
treatment or medical records, the RO
should readjudicate the veteran's claim
for service connection for ulcerative
colitis (claimed as Crohn's disease). If
this decision is adverse to the veteran,
he and his representative should be
provided an SSOC. A reasonable period of
time for a response should be afforded.
Thereafter, subject to current appellate procedure, the case
should be returned to the Board for further consideration, if
otherwise in order. No action is required of the appellant
until he is otherwise notified by the RO. By this action,
the Board intimates no opinion, legal or factual, as to any
ultimate disposition warranted in this case.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded to
the regional office. Kutscherousky v. West, 12 Vet. App. 369
(1999).
_________________________________________________
R. F. WILLIAMS
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2003).